Germany NCP

Overview

OECD member Number of trade union cases 5 NCP Type Single Department with Interagency Working Group
Description The German NCP is based in the Federal Ministry of Economics and Technology. It involves other relevant government ministries through an Interministerial Task Force ("Ressortkreis OECD-Leitsätze") (see members below). It has also created a Working Group ("Arbeitskreis OECD-Leitsätze") that comprises representatives of government together with trade unions, business and civil society.

Procedures The German NCP has published clear and comprehensive procedures for submitting cases on its web site (see link). Complaints should be submitted by email to the Federal Ministry for Economic Affairs and Energy, National Contact Point for the OECD Guidelines for Multinational Enterprises, at oecd-nks@bmwi.bund.de or buero-vc3@bmwi.bund.de, and if possible be submitted in parallel by post.

Links to Procedures Procedural Notes for Specific Instances (Complaints) of the German National Contact Point for the OECD Guidelines for Multinational Enterprises

Procedural Notes for Specific Instances ('Complaints') of the German National Contact Point for the OECD Guidelines for Multinational Enterprises

NCP Structure

NCP Interdepartmental Group Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Federal Ministry of Justice
Federal Ministry of Finance
Federal Ministry of Economic Cooperation
Federal Ministry of Labour and Social Affairs
OECD Guidelines Working Group BDI - Bundesverband der Deutschen Industrie
DIHK - Deutsche Industrie- und Handelskammertag
DGB - Deutscher Gewerkschaftsbund
IG Metall Industrie Gewerkschaft Metall (Metal Workers Union)
Ver.di
Amnesty International Germany
Germanwatch
Evangelischer Entwicklungsdienst - EED
BDA - Bundesvereinigung der Deutschen Arbeitgeberverbände
Transparency International Germany
Federal Ministry for Food, Agriculture and Consumer Protection
NCP Interdepartmental Group Chair Federal Ministry of Economics and Technology

TUAC Analysis

PEER REVIEW
Has the NCP undergone or signed up for country peer review? status-icon
INSTITUTIONAL ARRANGEMENTS
Does the NCP involve a broad range of government departments in its activities/structure? status-icon
Is the Ministry of Labour/Employment involved in the activities of the NCP? status-icon
Is the Ministry of Environment involved in the activities of the NCP? status-icon
Is the NCP tripartite or quadripartite (i.e. are the social partners and/or NGOs part of the NCP)? status-icon
Has the NCP created a multi-stakeholder body? status-icon
Does this multi-stakeholder body play an oversight role? status-icon
Has the NCP taken adequate steps to ensure impartiality? status-icon
INFORMATION, PROMOTION
Does the NCP have a web site that is easily found? status-icon
Does the NCP web site provide adequate information? status-icon
Are key parts of the NCP web site accessible in national and international languages? status-icon
Are the OECD Guidelines available on the NCP web site in national language(s)? status-icon
Does the NCP promote the Guidelines to other relevant government departments at home? status-icon
Does the NCP promote the Guidelines to embassies and other relevant government departments abroad? status-icon
Does the NCP hold regular consultations with external stakeholders, including trade unions? status-icon
Has the NCP engaged in promotional activities at home? status-icon
Has the NCP engaged in promotional activities abroad? status-icon
Has the NCP organised promotional activities in cooperation with trade unions? status-icon
Has the NCP organised promotional activities in cooperation with NGOs? status-icon
IMPLEMENTATION IN SPECIFIC INSTANCES
Has the NCP developed procedures for submitting cases (specific instances)? status-icon
Are these procedures available in national as well as international languages? status-icon
Do these procedures set out indicative timeframes for the handling of specific instances (cases)? status-icon
Do the NCP procedures require confidentiality during the mediation process only? status-icon
Do these procedures describe arrangements for coordinating with other NCPs in cases (specific instances)? status-icon
Has the NCP developed guidance on the protection of complainants? status-icon
Does the NCP publish its Initial Assessment? status-icon
Does the NCP inform other relevant government departments about its acceptance of a specific instance? status-icon
Does the NCP provide mediation to the parties for the purposes of resolving the specific instance (case)? status-icon
Does the NCP use professional, independent mediators? status-icon
Does the NCP publish its Final Statement/Final Report? status-icon
Does the NCP make recommendations to the company on the future implementation of the Guidelines in the Final Statement/Report? status-icon
Does the NCP provide for time bound follow-up of its recommendations? status-icon
Does the NCP inform other relevant government departments about its Final Statements/Reports? status-icon
REPORTING
Does the NCP disclose its level of resources? status-icon
Does the NCP publish its Annual Report to the OECD on its web site? status-icon
Is the NCP Annual Report available in the national language(s)? status-icon
Does the NCP report on its implementation of the Guidelines to Parliament? status-icon
NCP GOOD PRACTICES
In cases where mediation is refused or fails, does the NCP make an assessment of whether the MNE has breached the Guidelines? status-icon
Does the NCP provide for a right of appeal? status-icon
Has the NCP conducted in-host country fact finding, or is it willing to do so? status-icon
Does the NCP inform public pension funds about its Final Statements/Reports? status-icon
Does the adhering country apply "consequences" to MNEs that refuse to participate in the NCP process? status-icon
Does the Export Credit Agency condition access to export credits on a MNE's compliance with the Guidelines?
   Hermes Kreditversicherungs - AG (YES)

status-icon
Does the Development Agency condition access to development cooperation support on a MNE's compliance with the Guidelines?
   Deutsche Gesellschaft für Technische Zusammenarbei (NO)

status-icon
Does the government condition access to public procurement contracts on a MNE's compliance with the Guidelines? status-icon
NCP BAD PRACTICES
Has the NCP ever required complainants to keep the existence of a case confidential? status-icon
Has the NCP ever required complainants to stop campaigning? status-icon
Has the NCP rejected a case due to parallel proceedings, without requiring evidence of prejudice to the parties? status-icon
Has the NCP rejected a case because it involved a supply chain relationship and not an investment relationhip)? status-icon
Has the NCP rejected a case because the case was against a minority shareholder? status-icon
OTHER
Are key and current OECD materials accessible in national language(s)? status-icon
Does the NCP publish other reports concerning its resources, activities and performance? status-icon
Has the NCP reviewed its procedures/structures and updated its web site in light of the 2011 Update? status-icon

Contact Information

Full name German National Contact Point (NCP): OECD Guidelines for Multinational Enterprises Address Federal Ministry for Economic Affiairs and Energy
Division VC3
Scharnhorststraße 34-37
10115 Berlin
Telephone + 49 30 18 615-7521
Fax + 49 30-18 615-5378 Email buero-vc3@bmwi.bund.de
Second Email oecd-nks@bmwi.bund.de
NCP Website http://www.bmwi.de/EN/Topics/Foreign-trade/International-bodies/oecd-guidelines-for-multinational-enterprises,did=430522.html
This web page is in English

Documents

Title Date
Procedural Notes for Specific Instances (Complaints) of the German National Contact Point for the OECD Guidelines for Multinational Enterprises 22 September 2015 (URL last accessed)
A comparison of National Contact Points - Best practices in OECD complaints procedures 2 August 2015 (URL last accessed)
Final statement by the German National Contact Point Relating to a complaint by Industriegewerkschaft Metall (IG Metall) against Hyundai Motor Europe Technical Center GmbH (HMETC) in Rüsselsheim, Germany 15 January 2015
Joint final statement by the German National Contact Point... UNI Global Union (UNI) and International Transport Workers´ Federation (ITF) and Deutsche Post DHL (DP-DHL) on the complaint by UNI/ITF against DP-DHL/Bonn 20 January 2014
Procedural Notes for Specific Instances ('Complaints') of the German National Contact Point for the OECD Guidelines for Multinational Enterprises 16 January 2012 (URL last accessed)
Erklärung der deutschen Nationalen Kontaktstelle für die ‚OECD-Leitsätze für multinationale Unternehmen‘ zu einer Beschwerde des DGB gegenüber Bayer AG (EUBP-FFW ./. Bayer Philippines) 29 June 2007
Statement by the German National Contact Point for the ‘OECD Guidelines for Multinational Enterprises’ on a Specific Instance brought by the DGB against Bayer AG 29 June 2007
Statement by the German National Contact Point for the ‘OECD Guidelines for Multinational Enterprises’ on a Specific Instance brought by the DGB against Bayer AG (EUBP-FFW ./. Bayer Philippines) 29 June 2007

Validation

Date content last checked16/01/2012 TUAC affiliate validated NCP validated